GOVINDA Vs. STATE OF H.P.

JUDGEMENT

(1.) The accused/convict/applicant herein, has, through, criminal appeal No. 573 of 2019, constituted a challenge, vis-a-vis, his conviction, vis-a-vis, a charge framed, against him, under, Section 15, of, the Narcotic Drugs and Psychotropic Substances Act , 1985, and, also, vis-a-vis, the consequent thereto, imposition of sentence of imprisonment of four years, upon, him. This Court, had, admitted Criminal Appeal no. 573 of 2019, through, an order made on 6. 11. 2019, and, also, an application bearing Cr. MP No. 1992 of 2019, and, cast under Section 389 of the Cr. P. C, seeking therethrough, suspension, of, the afore term, of, sentence, of, imprisonment, became dismissed.

(2.) Be that as it may, subsequent, to, the, dismissal, of, the afore application, bearing Cr. MP No. 1992 of 2019, the learned counsel appearing, for, the convict/accused, has, thereafter cast, the, extant application, under, the mandate, of, Section 389 , of, the Cr. P. C . , application whereof bears Cr. MP No. 2199 of 2019, seeking, therethrough, the, according, of, the, afore declined relief, to, him. Even though, after the dismissal, of, the afore application, bearing Cr. MP No. 1992 of 2019, through, an order, made, on, 6. 11. 2019, the subsequent thereto, application bearing Cr. MP No. 2199 of 2019, is, not maintainable, before this Court, as, thereupon, this Court, would be impermissibly reviewing, its order, rendered, on, Cr. MP No. 1992, of, 2019, on 6. 11. 2019.

(3.) However, the learned counsel appearing, for, the application, makes, a, submission, before this Court, that, the earlier order, of, dismissal, made, upon, Cr. MP No. 1992 of 2019, being per incuriam, vis-a-vis, the mandate, borne, in, Section 389 , of, the Cr. P. C . , provisions whereof, read as under:-